What is a testator?
A testator is simply the person who makes a will (a female will-maker is sometimes called a testatrix). To make a valid will, the testator must be aged 18 or over and have the mental capacity to understand what they're doing — the nature of a will, the extent of their estate, and who has claims on it.
Detailed explanation
It's a common legal term you'll meet when reading about wills.
- The testator signs the will, intending it to take effect.
- They must have testamentary capacity (the Banks v Goodfellow test).
- They must be free from undue influence — the will must reflect their own wishes.
When solicitors describe “the testator's intentions”, they mean the wishes of the person who made the will. If that person lacked capacity when signing, the will can be challenged on those grounds.
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Sources
- Wills Act 1837, section 9 (valid execution) — legislation.gov.uk
- GOV.UK — Making a will
- Citizens Advice — Wills
- Reviewed by
- ClearLegacy editorial team
- Last reviewed
- June 2026
- Next review
- December 2026
- Jurisdiction
- England & Wales
Frequently asked questions
What is a testator?
A testator is the person who makes a will. They must be aged 18 or over and have the mental capacity to understand the will, their estate and who has claims on it. A female will-maker is sometimes called a testatrix.
What is testamentary capacity?
It is the mental capacity needed to make a valid will: understanding what a will is, the extent of your property, and the people who might expect to benefit. The test comes from the case Banks v Goodfellow.
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